We regularly advise our charity sector clients on amending and updating their governing documents. We have expertise across all legal forms including trusts, charitable companies, CIOs, Royal Charter bodies, statutory corporations and community benefit societies.
One of the six core duties of charity trustees is to comply with their charity’s governing documents and the law. Governing documents include a charity’s purposes and important rules regarding how trustees are appointed and removed, how the charity should be managed and administered, and might also include limitations on certain powers and activities.
The Charity Commission recommends regularly reviewing your charity’s governing documents to ensure they remain up-to-date and continue to meet the charity’s needs. Where changes are required, it is important to follow the correct legal procedure to ensure that any amendments made are valid.
The rules regarding amending governing documents vary depending on your charity’s legal form. In March 2024, changes were also made to the statutory power of amendment under the Charities Act 2011. Certain amendments require prior written consent from the Charity Commission and some charities also need to obtain consents from others before making any amendments.
We have extensive expertise and experience advising all types of charities on updating their governing documents, including obtaining consents from the Charity Commission and dealing with the Privy Council Office where amendments are required to the Charter and Bye-laws of a Royal Charter charity.
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